BY KEN GARCIA
Construction workers are no strangers to extreme weather conditions. Like the dutiful postal worker adhering to their motto, “neither snow nor rain nor heat nor gloom of night…,” construction workers are in various conditions building our communities.
Each weather condition has its unique safety hazards. Thunderstorms have high winds and lightning. Winter storms have bitterly cold temperatures. Summers can be hot and dry. Those summer conditions, though, have gained the attention of the Occupational Health and Safety Administration (OSHA) – specifically, the heat.
Heat is the number one weather-related cause of death in the country. According to the National Oceanic and Atmospheric Administration (NOAA), over a 30-year period, heat claims an average of nearly 160 lives each year. There are outliers yearly, with one heat event in the 1990s claiming more than 1,000 lives.
NOAA says 2023 was the warmest year, globally, on record in 174 years of data. Drilling down to the summer season, it was also the warmest on record. Many cities in the United States, primarily in the South and Southwest, broke heat records in 2023. This warming trend has been taking place for the last several years.
Heat-related illnesses include heat rash, heat cramps and heat syncope. The two with the most concern are heat exhaustion and heat stroke – with heat stroke being life-threatening. However, heat exhaustion can lead to heat stroke if not treated immediately.
OSHA’s Proposal
OSHA is proposing the Heat Injury and Illness Prevention Program (HIIPP) in outdoor and indoor settings as a set of standards in the workplace. On November 3, the Small Business Regulatory Enforcement and Fairness Act (SBREFA) panel delivered its final report on these
potential standards.
The report, which includes the potential rules that could be written, is a result of a series of six video conferences held between September 7 – 18 with OSHA, the Small Business Administration (SBA), the Office of Information and Regulatory Affairs (OIRA), and nearly 100 small entity representatives (SERs), including AGC members. During the calls, the
SERs provided their candid feedback on the proposed regulatory framework and how it will impact their daily operations.
Three AGC members, John Morris (president, Morris Inc.), Kellie Kimball (vice president, Holes Inc.) and Anthony E. Gonzalez (partner, The Gonzalez Group) provided critical testimony on the potential impacts of OSHA’s proposed heat standard on small businesses in construction.
Each member described in detail and provided examples of how their respective programs have prevented the occurrence of any serious heat-related illnesses, while also expressing concerns about some provisions that were unnecessary or presented compliance challenges.
Their concerns focused on the proposed documentation requirements, acclimatization process and trigger temperatures, among others. The rulemaking process can take years but could go faster based on urgency.
“We are in the early stages,” said Kevin Cannon, senior director for safety, health and risk management of AGC of America. “This isn’t outside the norm for rulemaking, but this is a priority for the agency.”
Right now, OSHA is focusing on specific areas based on temperature and expected heat index, or what it feels like when exposed to heat. Any proposed rules would apply to indoor and outdoor working conditions.
“The scope covers everything from bakeries to dry cleaners, warehousing, manufacturing, retail agriculture and construction,” Cannon said.
This would be the first time OSHA has had a set of heat workplace safety rules. However, as Cannon points out, many companies already have policies.
“Contractors have been implementing effective programs for a long time,” he said. “It’s a question of whether or not what they’ve been doing will be satisfactory or compliant with whatever the final rule looks like.”
There has yet to be an official rule proposed. However, HIIPP could require employers to create written policies and procedures identifying heat hazards that increase the risk of a heat-related illness. The written policies would be expected to address available drinking water, cool and shaded rest areas, acclimatization for new or returning employees, training for recognizing the signs and symptoms of heat-related illnesses and providing emergency care.
Under the potential rules presented, employers will identify indoor and outdoor work area hazards. This would include monitoring daily weather conditions to determine if there will be any heat hazards — specifically, looking at the daily temperature and the daily maximum heat index. OSHA is looking at allowing dryer climates that have low humidity to use the daily temperature without the heat index.
For indoor work spaces, it would consider how the outdoor conditions would affect the inside and implement heat-safety procedures based on that assessment.
To determine when to implement safety procedures, OSHA is proposing what they call heat triggers. Those triggers would be split into Initial Heat Triggers and High-Heat Triggers. For the jobsite, the minimum initial trigger is an ambient 82°F and a heat index of 80°F. For high heat, OSHA proposes an ambient temperature of 90°F and a heat index of 87°F.
According to OSHA, if these minimums are met indoors or outdoors, employers should provide cool-down areas, implement cooling measures like fans or misting machines, a shaded area or an airconditioned space like a trailer or truck.
OSHA already has requirements for employers to provide drinking water to employees. Under HIIPP, it would clarify where water must be located, as well as water temperature and quantity.
To help get used to working in the heat as a new employee or to get back into the swing after time away, OSHA is looking at creating rules to help with acclimatization. This would apply to the minimum heat triggers. The potential rule would increase heat exposure over five days for new employees. For existing employees who are out for some time, they would increase their exposure over four days.
The potential rules would also address mandatory breaks. Employees would be given a 10-minute break every two hours during initial heat trigger days. When in high-heat triggers, it would be 15 minutes every two hours. OSHA says the break time would increase as the
temperature increases.
AGC Response
Since no specific rule has been presented, AGC of America is pushing back on the proposals submitted as part of the SBREFA report. Working with its construction partners on how best to respond to OSHA’s possible rulemaking on heat safety, AGC acknowledges the importance of protecting workers but feels the current ideas presented by OSHA are a one-size-fits-all effort.
“Every opportunity we’ve had to engage in the process, we’ve done so,” Cannon said. “We identified three contractor members to inform the panel what they’re currently doing and their experiences related to heat.”
AGC believes the proposed heat triggers do not account for the varying climate conditions across the country. The association also argues the proposed temperatures are not backed by any scientific support.
“We’ve heard from members that 80 degrees in the Pacific Northwest is a lot different than 80 degrees in the Southeast,” Cannon said. He adds that AGC is seeking greater flexibility when it comes to the acclimatization plan, as there are many factors outside the control of an employer.
“Heat tolerance can be based on your level of fitness, preexisting conditions or other lifestyle choices,” he said. “It could also be impacted by the amount of caffeine consumed or medications a person takes.”
Depending on the heat trigger, the proposed break schedules of 10 or 15 minutes are also a target for AGC. Specifically, the association says the break times do not consider the actual work being performed and could undermine jobsite safety.
This process is still ongoing, and AGC will be there every step of the way, advocating on behalf of its members.
To learn more about AGC’s action on this proposal and others on behalf of its members, visit http://agc.org/agc-news or subscribe to AGC’s Construction Safety and Health News (https://www.agc.org/news/newsletter).